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NY S00555

Bill

Status

Introduced

1/9/2013

Primary Sponsor

John DeFrancisco

Click for details

Origin

Senate

2013-2014 General Assembly

AI Summary

  • Allows a plaintiff-judgment creditor to recover unsatisfied judgments directly from a co-defendant or third-party defendant if the defendant-judgment debtor has a judgment against that party for contribution or indemnification, up to the amount of the contribution or indemnification awarded.

  • Permits a plaintiff to attach or take assignment of the defendant's contribution or indemnification claim and prosecute it in the plaintiff's own name if the original judgment remains unsatisfied 30 days after service on the defendant.

  • Applies only to judgments entered after the law takes effect immediately.

  • Excludes recovery against third parties in workers' compensation cases where claims would be barred under Section 11 of the Workers' Compensation Law and prohibits direct recovery against the plaintiff's employer at the time of the incident or injury.

Legislative Description

Permits a plaintiff to recover directly against a third party defendant found to be liable to the defendant in certain actions.

Last Action

COMMITTED TO RULES

6/20/2014

Committee Referrals

Rules6/20/2014
Judiciary1/9/2013

Full Bill Text

No bill text available